Review of whiplash tariff concluded – but may not be published – Legal Futures

Posted May 24th, 2024 in news by sally

‘The Lord Chancellor has completed his review of the whiplash tariff but it is unclear whether the plan to publish it in early June will now happen because of the election.’

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Legal Futures, 24th May 2024

Source: www.legalfutures.co.uk

Daniel Skeffington and Philippe Lagassé: Principle, Practice, and Prerogative – UK Constitutional Law Association

Posted May 24th, 2024 in news by sally

‘It remains commonplace, both in political and public law discourse, to describe the Royal Prerogative as archaic or anachronistic. Executive power in the United Kingdom may begin with the Crown, but even the most venerated constitutional historians have long thought ‘the Crown’ is a convenient cover for ignorance. Much like the sovereignty of Parliament, the more one explores its foundations, the more one suspects the bedrock will turn out to be quicksand. As the residue of the Crown’s discretionary authority, exercised by Ministers by convention without formal or legal restraint, it has been said prerogative remains difficult to translate into the modern era, precisely because it derives from the sixteenth century. A space devoid, on some accounts, of legality itself.’

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UK Constitutional Law Association, 23rd May 2024

Source: ukconstitutionallaw.org

What laws can the Conservative government pass before the general election? – The Independent

‘The Conservatives and Labour have held talks to work out what outstanding legislation can be rushed through parliament to become law before the Commons closes for the general election.’

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The Independent, 23rd May 2024

Source: www.independent.co.uk

Man jailed for life for random murder and attacks – BBC News

Posted May 24th, 2024 in imprisonment, murder, news, sentencing by sally

‘A man has been jailed for life with a minimum 32-year term for a series of slasher attacks on strangers, ending with the random murder of a woman in south London.’

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BBC News, 23rd May 2024

Source: www.bbc.co.uk

Letterbox contact can no longer be seen as appropriate regime for most cases, and should “certainly not be the norm”: Family President – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has outlined the need for a “new approach” to post-adoption contact, noting that letterbox contact can “no longer be seen as the appropriate regime for most cases”.’

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Local Government Lawyer, 23rd May 2024

Source: www.localgovernmentlawyer.co.uk

No-fault evictions bill now unlikely to pass – BBC News

‘The Conservatives’ promise to abolish no-fault evictions before the election will not happen, sources have told the BBC.’

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BBC News, 24th May 2024

Source: www.bbc.co.uk

Neurodiversity in academic misconduct: considerations for accessibility, equity and inclusion – Kingsley Napley Regulatory Blog

‘As artificial intelligence technologies (‘AI’) progress, universities face heightened pressure to detect and address academic dishonesty, including plagiarism and collusion. Receiving an allegation of academic misconduct is a difficult experience for any student, but for neurodivergent students, this process can add layers of complexity and emotional strain.’

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Kingsley Napley Regulatory Blog, 20th May 2024

Source: www.kingsleynapley.co.uk

High Court dismisses judicial review against council after finding Bibby Stockholm barge lies outside area subject to planning control – Local Government Lawyer

Posted May 24th, 2024 in asylum, housing, immigration, judicial review, local government, news, planning by sally

‘The High Court has dismissed a judicial review claim brought by a local resident of Portland, who contended that the area of the seabed above which the Bibby Stockholm barge is moored forms part of the “land” that is subject to planning control under the Town and Country Planning Act (TCPA).’

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Local Government Lawyer, 23rd May 2024

Source: www.localgovernmentlawyer.co.uk

Judge orders child to see mum accused of sex abuse – BBC News

‘A judge in Liverpool ordered social services to arrange face-to-face contact between a “scared” toddler and a mother charged with sexually abusing her, a court has heard.’

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BBC News, 24th May 2024

Source: www.bbc.co.uk

Court backlog target in England and Wales no longer achievable, says NAO – The Guardian

Posted May 24th, 2024 in criminal justice, Crown Court, delay, Ministry of Justice, news, statistics by sally

‘The Ministry of Justice’s ambition to reduce the backlog in crown courts in England and Wales to 53,000 by March next year is no longer achievable, a parliamentary watchdog has said.’

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The Guardian, 24th May 2024

Source: www.theguardian.com

Bournemouth man guilty of murdering lodger and cutting up body – BBC News

‘A man has been found guilty of murdering his lodger before scattering his severed body parts in packages and a suitcase.’

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BBC News, 22nd May 2024

Source: www.bbc.co.uk

Grenfell bereaved and survivors must wait until 2027 for suspects to face trial – The Guardian

‘The bereaved and survivors of Grenfell Tower must wait until at least 2027 – a decade after the blaze that killed 72 people – before those suspected of being responsible for the disaster could face criminal trials, it has emerged.’

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The Guardian, 22nd May 2024

Source: www.theguardian.com

Litigation funding supports the public interest, major research finds – Legal Futures

Posted May 23rd, 2024 in champerty, civil justice, news, public interest, reports by sally

‘Litigation funding supports the public interest and access to justice but will remain niche in aiding consumers, according to major research which identified 44 cases in the last five years.’

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Legal Futures, 23rd May 2024

Source: www.legalfutures.co.uk

Challenging FOS decisions: the Options case – Pensions Barrister

Posted May 23rd, 2024 in financial advice, judicial review, news, ombudsmen by sally

‘Paul Newman KC discusses Options UK Personal Pensions LLP v Financial Services Ombudsman Ltd, in which the Court of Appeal dismissed a judicial review claim brought by a SIPP provider challenging a decision by FOS that the provider had breached its duty to carry out proper due diligence in respect of an unsuitable pension investment.’

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Pensions Barrister, 23rd May 2024

Source: www.pensionsbarrister.com

‘Missed opportunities’ to prevent paedophile’s murder – BBC News

Posted May 23rd, 2024 in murder, news, ombudsmen, prisons, reports by sally

‘The murder of a paedophile at HMP Full Sutton could have been avoided if reports on his killers’ cannibalistic fantasies had been acted upon, a report has found.’

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BBC News, 22nd May 2024

Source: www.bbc.co.uk

Kate Roughley jailed for 14 years over death of baby at Stockport nursery – The Guardian

‘A “callous” nursery worker has been jailed for 14 years for killing a nine-month-old girl who was strapped face down to a beanbag for more than 90 minutes.’

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The Guardian, 22nd May 2024

Source: www.theguardian.com

Disabled benefit claimants may have been mistreated – BBC News

Posted May 23rd, 2024 in benefits, disabled persons, equality, news, social security by sally

‘The government is being investigated by the equalities watchdog over claims that its treatment of disabled benefits claimants may have broken the law.’

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BBC News, 22nd May 2024

Source: www.bbc.co.uk

Landlord who breached injunction preventing harassment of council staff handed suspended sentence and £75k costs order – Local Government Lawyer

‘A landlord in Kent has been sentenced to six months in prison, suspended for three years, and ordered to pay £75,000 in costs after being found in contempt of court.’

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Local Government Lawyer, 22nd May 2023

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted May 23rd, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Carey Street Investments Ltd & Anor v Brown & Anor [2024] EWCA Civ 571 (22 May 2024)

Royal & Sun Alliance Insurance PLC & Ors v Textainer Group Holdings Ltd & Ors [2024] EWCA Civ 547 (22 May 2024)

Isbilen v Turk & Ors [2024] EWCA Civ 568 (22 May 2024)

Dawes, R (On the Application Of) v Secretary of State for Transport & Anor [2024] EWCA Civ 560 (21 May 2024)
Revenue And Customs v Hotel La Tour Ltd [2024] EWCA Civ 564 (21 May 2024)

Djurberg v Thames Properties (Hampton) Ltd & Ors [2024] EWCA Civ 549 (21 May 2024)

Thakkar & Ors v Mican & Anor [2024] EWCA Civ 552 (20 May 2024)

Options UK Personal Pensions LLP v Financial Ombudsman Service Ltd [2024] EWCA Civ 541 (20 May 2024)

Court of Appeal (Criminal Division)

Dewey v R. [2024] EWCA Crim 409 (22 May 2024)

Leitch & Ors, R. v [2024] EWCA Crim 563 (22 May 2024)

High Court (Administrative Court)

Strongroom Ltd, R (On the Application Of) v London Borough of Hackney [2024] EWHC 1221 (Admin) (22 May 2024)

Oyston v Blackpool Council [2024] EWHC 1224 (Admin) (21 May 2024)

National Council for Civil Liberties, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1181 (Admin) (21 May 2024)

Wellingborough Walks Action Group Ltd, R (On the Application Of) v North Northamptonshire Council [2024] EWHC 1225 (Admin) (21 May 2024)

High Court (Chancery Division)

Tonstate Group Ltd & Ors v Wojakovski & Ors [2024] EWHC 1245 (Ch) (22 May 2024)

Ackerman v Leeds & Ors (Re Insolvency Act 1986) [2024] EWHC 1215 (Ch) (22 May 2024)

Invenio Business Solutions Ltd & Anor v Goyal & Anor [2024] EWHC 1236 (Ch) (22 May 2024)

Various Claimants v News Group Newspapers Ltd [2024] EWHC 1210 (Ch) (21 May 2024)

Etta Healthcare v Aimson & Ors [2024] EWHC 1209 (Ch) (21 May 2024)

The Duke of Sussex v News Group Newspapers Ltd [2024] EWHC 1208 (Ch) (21 May 2024)

Tonstate Group Ltd & Ors v Wojakowski & Anor [2024] EWHC 1196 (Ch) (20 May 2024)

Crypto Open Patent Alliance v Craig Steven Wright [2024] EWHC 1198 (Ch) (20 May 2024)

High Court (Commercial Court)

Cindat Nephthys Holding Ltd v Hunter Holdings Ltd [2024] EWHC 1202 (Comm) (21 May 2024)

OCM Maritime Nile LLC & Anor v Courage Shipping Co & Ors [2024] EWHC 1226 (Comm) (21 May 2024)

Magomedov & Ors v PJSC Transneft & Ors [2024] EWHC 1176 (Comm) (21 May 2024)

Borrelli v Otaibi & Ors [2024] EWHC 1148 (Comm) (20 May 2024)

Invest Bank PSC v El-Husseini & Ors [2024] EWHC 1235 (Comm) (17 May 2024)

High Court (Family Division)

P v P (Transgender Applicant for Decree of Nullity: Human Rights) [2024] EWHC 1197 (Fam) (21 May 2024)

High Court (King’s Bench Division)

Fertre v Vale of White Horse District Council [2024] EWHC 1234 (KB) (22 May 2024)

The Mayor & Burgesses of the London Borough of Enfield v Snell & Ors [2024] EWHC 1206 (KB) (21 May 2024)

Morgan Fire Protection Ltd v Mogford & Anor [2024] EWHC 1192 (KB) (17 May 2024)

Source: www.bailii.org

Lift-off for the Safety of Rwanda Act? – Law Society’s Gazette

Posted May 22nd, 2024 in asylum, bills, deportation, government departments, human rights, news, Rwanda by sally

‘On 25 April, the Safety of Rwanda (Asylum and Immigration) Act 2024 received royal assent and passed into law. This is the latest development relating to the government’s policy to stop small boat crossings via the implementation of a Rwanda asylum seeker removals scheme. After rounds of parliamentary ping-pong between the Commons and Lords, the government was able to push through the legislation. The final version of the act does not include any of the amendments passed by the Lords, such as a carve-out exemption to prevent removal to Rwanda of people who served with or for the British Armed Forces, such as Afghan translators.’

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Law Society's Gazette, 21st May 2024

Source: www.lawgazette.co.uk